Omkar Realtors and Developers Pvt. Ltd. vs Slum Rehabilitation Authority

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2010 Supreme(Bom) 1545

MOHIT S.SHAH, D.Y.CHANDRACHUD
Omkar Realtors and Developers Pvt. Ltd. – Appellant
Versus
Slum Rehabilitation Authority – Respondent

Advocates appeared:
Mr. JANAK DWARKADAS, Mr. PHAVIN SAMDANI, Senior Advocates, with Mr. CHIRAG BALSARA, Mr. SHARAN JAGTIANI, Mr. AFTAB DIAMONDWALA, Mr. JAYESH VYAS and Ms. SHEETAL ANGRE i/b M/s DIVYA SHAH Associates for the Petitioners in WP. No. 1606/2010, for Respondent No.6 in WP. No. 1999/2010 and for Respondent No.4 in WP. (L) No.21 03/2010.
Mr. D.O. MADON, Senior Advocate, with Mr. S.G SURANa for the Petitioners in WP. No. 1999/2010 and Respondent No.2 in W.P. No. 1606/2010 & WP.(L) No.2103/2010.
Mr. ATUL RAJY ADHAKSHY A, Senior Advocate, with Mr. S.S. REDDY for the Petitioners in WP. (L) NO.2] 03/20 1 0 and for Respondent No.4 in W.P. No.1999/2010 and with Mr. D.R. SHAH for Respondent No.3 in WP. No. 1606/2010.
Mr. D.A. NALAWADE, Government Pleader, with Mr. MILIND MORE and Mr. B.H. MEHTA, Assistant Government Pleaders, for the State in all the Writ Petitions.
Mr. G.D. UTHANGALE for Respondent No.1 and 6 in W.P.1606/2010 and in WP. (L) No.2103/2010 and Respondent No.2 and 7 in WP. No. 1999/2010. Mr. A.Y. SAKHARE, Senior Advocate, with Mr. A.R. SHAIKH for Respondent No.4 in WP. No.1606/2010, for Respondent No.4. In WP. No. 1999/2010 and for Respondent No.3 in WP. (L) No.21 03/2010.
Ms. V.S. GHARPURE for Respondent No.5 in WP. No. 1606/2010 and W.P. (L) No.21 03/2010 and for Respondent No.3 in WP. No.1999/2010.

JUDGMENT:-

Rule in all the writ petitions, returnable forthwith.

2. With the consent of the learned counsel for the parties, we have taken up the Rule for final disposal.

3. All these petitions challenge the order dated 30th June 20 10 passed by the High Powered Committee in regard to the slum rehabilitation scheme in respect of the lands in question.

4. The facts leading to filing of these petitions broadly stated are as under :-

i) On the lands in question in Parel, Mumbai, whose occupants have formed a cooperative housing society called "Khapridev cooperative housing society limited" (hereinafter referred to as "the cooperative society"), the Slum Redevelopment Committee (SRD) had sanctioned a slum redevelopment scheme and had issued a letter of intent dated 8 November 1995 in favour of a developer called M/s Priyanka Developers. The intimation of approval of the plans for one of the rehabilitation buildings in the same scheme was also granted in favour of the said developer on 8 November 1995. However, the said developer M/s Priyanka Developers failed to show any progress in implementation of the slum rehabilitation scheme. At a meeting held on II January 2003, the general body of

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2010 Supreme(Bom) 1545

MOHIT S.SHAH, D.Y.CHANDRACHUDOmkar Realtors and Developers Pvt. Ltd. – AppellantVersusSlum Rehabilitation Authority – Respondent

Cases Referred (2)

MOHIT S.SHAH, D.Y.CHANDRACHUD
Omkar Realtors and Developers Pvt. Ltd. – Appellant
Versus
Slum Rehabilitation Authority – Respondent